The
defendant
is charged
[in count
__] with
riot in
the second
degree.
The
statute
defining
this
offense
reads in
pertinent
part as
follows:

a person
is guilty
of riot in
the second
degree
when,
simultaneously
with two
or more
other
persons,
he engages
in
tumultuous
and
violent
conduct
and
thereby
(intentionally
/
recklessly)
(causes /
creates a
grave risk
of
causing)
public
alarm.

For you to
find the
defendant
guilty of
this
charge,
the state
must prove
the
following
elements
beyond a
reasonable
doubt:

Element 1
–
Tumultuous
and
violent
conduct
The first
element is
that the
defendant
engaged in
tumultuous
and
violent
conduct
that
involved
physical
violence
or
portended
imminent
physical
violence.1
"Imminent"
means
impending
or likely
to occur
immediately.

Element 2
- Two or
more other
persons
The second
element is
that
(he/she)
did so
simultaneously
with two
or more
other
persons.

Element 3
- Intent
The third
element is
that the
defendant

acted with
the intent
to (cause
/ create a
grave risk
of
causing)
public
alarm. A
person
acts "intentionally"
with
respect to
a result
when
(his/her)
conscious
objective
is to
cause such
result. <See
Intent:
Specific,
Instruction
2.3-1.>

recklessly
(caused /
created a
grave risk
of
causing)
public
alarm. A
person
acts "recklessly"
with
respect to
a result
or
circumstances
when
(he/she)
is aware
of and
consciously
disregards
a
substantial
and
unjustifiable
risk that
such
result
will occur
or that
such
circumstances
exist. <See
Recklessness,
Instruction
2.3-4.>

"Alarm"
means a
fear
caused by
the sudden
realization
of danger.
"Public
alarm" is
when such
a fear is
created in
a public
area and
affects a
large
number of
people in
that area.

Conclusion

In
summary,
the state
must prove
beyond a
reasonable
doubt that
1) the
defendant
engaged in
tumultuous
and
violent
conduct,
2)
(he/she)
did so
simultaneously
with two
or more
other
persons,
and 3)
(he/she)
(intentionally
/
recklessly)
(caused /
created a
grave risk
of
causing)
public
alarm.

If you
unanimously
find that
the state
has proved
beyond a
reasonable
doubt each
of the
elements
of riot in
the second
degree,
then you
shall find
the
defendant
guilty.
On the
other
hand, if
you
unanimously
find that
the state
has failed
to prove
beyond a
reasonable
doubt any
of the
elements,
you shall
then find
the
defendant
not
guilty.
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